The
Public Service Commission has a hotline on which complaints
may be reported 24-hours a day. The number is 737-4PSC (737-4772).
Complaints may also be filed by mail, phone, or e-mail. Upon
receipt of a complaint, the payphone in question will be inspected.
The Payphone Service Provider (PSP) will be notified of the
complaint, and given thirty (30) days to correct any infractions
that are found. The Commission may order the termination of
service to any payphone not brought into compliance at the
end of forty (45) days. Service will be terminated until all
infractions are cleared and the payphone is re-inspected and
deemed compliant.
If the complaint alleges that a payphone is the source of
illicit activity or constitutes a public nuisance, and the
PSP is not willing to remove the phone, within fourteen (14)
days a hearing or informal conference will be scheduled. Hearings
may be scheduled at any time convenient to both parties; including
evenings and Saturdays. Notice of the informal conference
will also be given to the appropriate Advisory Neighborhood
Commission (“ANC”), the Metropolitan Police Department
(“MPD”) and the Office of the People’s Counsel
(“OPC”). At the informal conference an examiner
will seek to bring about an agreement between all parties,
for the operation of the payphone. Parties will sign a settlement
agreement stating the terms under which the payphone may remain,
and that the complainant withdraws the complaint.
Formal Hearing
If no agreement can be reached as a result of the informal
conference, the complainant may request a formal hearing and
a Hearing Officer will be appointed to review the matter again.
Within thirty (30) days, a hearing will be held. Notice will
again be sent to the ANC, MPD, and OPC. At this hearing, parties
have the right to introduce evidence, call witnesses and present
oral argument. The Hearing Officer can, at his discretion,
accept written presentations, examine witnesses, and also
limit questioning and the time for argument. The burden of
proof is on the complainant, and the Hearing Officer will
give great weight to any written statement or testimony presented
by an MPD officer. The Hearing Officer will render a decision
within twenty (20) days of the closing of the record in the
case. The Hearing Officer’s decision may be appealed
within twelve (12) days. Appeals will be reviewed by the Commissioners
and their decision is final.
